Landholder rights strengthened on mining activity

From today, landholders and miners have more certainty about their land access rights and responsibilities around resource developments.

Minister for State Development and Minister for Natural Resources and Mines Dr Anthony Lynham said today marked the beginning of the Mineral and Energy Resources (Common Provisions) Act 2014 after amendments were made to provide stronger protection against resource activities occurring close to residential buildings and key farming infrastructure.

“The commencement of legislation introduced by the previous government in 2014 was delayed to allow the Palaszczuk Government time to repeal parts of the Act that would have removed landholder and community rights,” said Dr Lynham.

“Thanks to the Palaszczuk Government’s action, Queensland now has an appropriate balance between economic development and the rights of landholders and local communities.

“The changes coming into effect from today help to modernise and simplify legislation by streamlining land access provisions that were previously spread  across five different Acts.

“This includes protecting the right of farmers, landholders and local communities to be informed of proposed mining projects through local newspaper ads and to have the ability to lodge an objection against a proposed mining development.

“Importantly, this is balanced against the Queensland Land Court’s powers to strike out any frivolous or vexatious objections.

“While Queensland’s restricted land framework previously only applied to coal and mineral mining, these legislative amendments ensure the restricted land framework now applies to all types of resources including petroleum and gas development.

“A restricted land area can be established around buildings such as homes, hospitals and child care centres, providing landholders the right to say no to any authorised resource activities within 200 metres.

“The changes also enable the creation of a protection zone around key agricultural assets by allowing landholders to say no to resource activities within 50 metres of infrastructure such as principal stockyards, bores and dams.

“Landholders who are happy to opt-out of entering into a conduct and compensation agreement with a resources company undertaking activity on their land will also continue to be protected through the conditions of the Land Access Code.

“This legislation will support more productive relationships between landholders and resource companies by reducing anxiety about resource developments among landholders and agricultural stakeholders.”

Further information about the changes to Queensland’s land access framework is available at https://www.dnrm.qld.gov.au/our-department/corporate-information/policies-initiatives/mining-resources/legislative-reforms/mqra